병역법위반
The defendant shall be innocent.
1. On April 4, 2013, the Defendant called up as a social work personnel and served as document delivery staff at the Gangnam-gu Seoul Metropolitan Government Office’s community service center, and transferred to the Gangnam-gu Office D on November 25, 2013, and served as a general administrative support staff.
The Defendant did not work at the Gangnam-gu Office that is working place for two days from October 18, 2013 to November 26 of the same month, from November 13, 2013 to November 25 of the same month, and from December 5, 2013 to January 9 of the same month, and from January 6, 2014, on the ground that there was a string and depression for eight days from December 5, 2013 and January 6, 2014.
Accordingly, the defendant left his service for a total period of not less than 8 days without justifiable grounds.
2. Determination
A. Article 89-2 Subparag. 1 of the Military Service Act provides that “Any person who deserts from his service or fails to serve in a pertinent field for at least eight days in total without justifiable grounds shall be punished by imprisonment with labor for not more than three years.”
The term “justifiable cause” in this context refers to a cause that can justify the nonperformance of the duty of military service specified by the decision such as the Commissioner of the Military Manpower Administration, i.e., a cause that is not attributable
(See Supreme Court en banc Decision 2004Do2965 Decided July 15, 2004, Supreme Court Decision 2010Do2514 Decided May 13, 2010, Supreme Court Decision 2010Do2514 Decided June 26, 2014, etc. (see, e.g., Supreme Court Decision 2014Do5132 Decided June 26, 2014).
In this case, the following facts may be acknowledged in light of the application form (32 pages of the evidence record), each medical certificate (from 46 to 48 of the evidence record) submitted by the prosecutor, each living record (the first, middle, high school) of the defendant submitted by the defense counsel, and the Eneological and diagnosis certificate of May 28, 2014, Eneological and diagnosis certificate, Eneological and patient record book, Eneological and patient record book, diagnosis certificate of medical use, F mental health department, and psychological evaluation report, and records.
(1) The defendant, who was born in 191, failed to perform his/her business until the second and third years of elementary school students, is now under circumstances regardless of his/her will.